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Labor Law PH aims to consistently provide trusted and reliable source of information on Philippine Labor Laws so that we can have better workplaces.
1. Summary ▪ Time, place, and manner of work is a management prerogative. ▪ Manner of work includes working methods and work assignments. 2. Concepts
1. Summary ⦁ Work supervision is a management prerogative. ⦁ Employers are required to observe due diligence in the supervision of its employees. ⦁ Employers
Answers to frequently asked questions on management prerogative in the Philippines. What is management prerogative? Management prerogative is the bundle of rights inherent to the
1. What is a pre-employment requirement? A pre-employment requirement is one that is required to be done as part of the requirements prior to employment.
A fixed-term employment contract is an employment arrangement between an employer and a fixed-term employee wherein the latter will perform work for a term or
1. Summary ▪ Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority
1. Concepts “Domestic worker” or “Kasambahay” refers to any person engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement,
Safety & Health
1. Summary ▪ Republic Act No. 11058, a.k.a. OSH Law, was passed in 2018. ▪ The OSH Law applies to all establishments, projects, and sites.
DOLE Department Order No. 208, Series of 2020 (“DO-208”): Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector —
Any legitimate labor organization may file a request for SEBA certification. 1. Concept Any legitimate labor organization may file a request for SEBA certification. (Section
1. Concept When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to
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Frequently Asked Questions
Answers to frequently asked questions on individuals as independent contractors in the Philippines. 1. Are individuals who are independent contractors considered as employees? No, individuals who are independent contractors are not employees. They are engaged in the business of providing services through their special skills, expertise, or talent. 2. What
Answers to frequently asked questions on premium pay in the Philippines. What is a premium pay? A premium pay is an additional pay granted to an employee who render work on a rest day or a special non-working day. What are the conditions for an employee to be entitled to
Answers to frequently asked questions on resignation in the Philippines. 1. In General What is resignation? Resignation – refers to employees voluntarily and willfully exiting from employment after finding themselves in a situation that they have to severe their employment as personal reasons outweighs the demands of the work that
Answers to frequently asked questions on night shift differential pay in the Philippines. 1) What is the difference between night shift differential pay and night shift pay? There is no difference between night shift differential pay and night shift pay. Night shift differential pay is the legal term as provided
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- Management Prerogative & Company Policies
- Mandatory Workplace Policies: Drug-Free, Alcohol-Free, HIV, Hepatitis B, etc.
- Job posts or advertisement
- Recruitment and Placement
- Employment Contracts (Regular, Probationary, Casual, Project, Seasonal, Fixed-Term)
- Statutory Benefits: holiday pay, overtime pay, night shift pay, etc.
- Due Process in Disciplining Employees (Just Causes & Procedure)
- Due Process in Separating Employees (Authorized Causes & Procedure)
- Flexible Working Arrangements
- Telecommuting or Work from Home
- Occupational Safety and Health
- Collective Bargaining Agreement (CBA)
- Clearance process, Employment Bond, Final Pay, Quitclaim, etc.
- Contracting & Subcontracting (Principal, Contractor, Deployed Personnel)
Do you know your labor standards?
Holiday pay is a an additional pay provided to a covered employee during regular holidays.
Retirement pay is an additional pay provided to a covered employee who is retiring.
The employee – a College Dean – initiated a constructive dismissal case after she refused to be transferred from her position as Dean of the
1. Kinds of employees a. Rank-and-file employees Ramil v. Stoneleaf, Inc. G.R. No. 222416, 17 June 2020 [BACKGROUND] [The employee was hired as a Spa
Maternity leave benefits are leave credits extended to covered female employees who may want to use them during their pregnancy and even after their delivery, so that they remain paid during such absence from work.
1. Suppletory application of policies on maternity leave HRET v. Panga-Vega G.R. No. 228236, 27 January 2021 [BACKGROUND] On February 2, 2011, [the employee], then
2023 Handbook on Workers Statutory Monetary Benefits -- is out.
1. Concepts “Collection Entity” or “Agency” – refers to a person or entity engaged in purely collection services on delinquent and/or past due accounts of
Summary ▪ Compressed workweek refers to one where the normal workweek is reduced to less than six (6) days but the total number of work
These are the related Labor Law Cases or Jurisprudence. 1. Concept a. Unique skills and talents Sonza v. ABS-CBN Broadcasting Corporation G.R. No. 138051, 10
Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who performs these through its deployed
Summary ⦁ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ⦁ The contractor’s or subcontractor’s employees enjoy the
Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the
1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc. v. Cabiles (2014) Sameer Overseas
1. Concept “Overseas Filipino Worker (OFW)” – refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated
Summary ⦁ Employers, whether local or overseas, are prohibited from hiring Filipino workers for overseas employment. ⦁ There are exceptions. ⦁ If not falling under
Summary ▪ The Labor Arbiter has original and exclusive jurisdiction of certain labor cases. ▪ The jurisdiction of the Labor Arbiter is different from the
Summary ▪ The National Conciliation and Mediation Board (NCMB) formulates policies, develops plans and programs and sets standards and procedures relative to the promotion of
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